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The Vines Legal Blog

Domestic Abuse and Addiction in Children Cases

In domestic abuse and addiction situations you may try to protect your children from what is really happening by playing it down or not talking about it.

The truth is that most children are aware of the abuse. As many as 90% of children are in the same room or in the next room when domestic abuse occurs. According to www.domesticviolencelondon.nhs.uk, in households where there is ongoing domestic violence, 50% of children are also being directly abused by the same person.

Understandably people who are victims of this abuse hope it will stop and want to try to keep the peace. It is important however to bear in mind that continuing to remain in an abusive situation can result in significant risk for yourself and any children involved.

Remedies available to you could be to involve the police and/or getting the protection of the legal system. This is where a solicitor can help. You should tell your solicitor if the other party has threatened you, hurt you physically or sexually, controlled or isolated you or has behaved in an emotionally abusive way towards you.

In an event where the police are unable to help then your solicitor will be able to advise you about getting an injunction, which would prevent further abuse or remove the other party from your home. Your solicitor can also advise you about making arrangements for your children and the other party spending time together that do not expose either you or the children to these risks.

If you need any advice then we offer a FREE initial meeting, call us on 01246 555610 to book in today!

By Emma Newman on 25 Apr 2018

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True or False?

True or False?

A Decree Absolute (or final divorce decree) means that you can’t claim financially against your ex husband or wife.

FALSE!! The Decree Absolute dissolves the marriage, it does not prevent either party claiming financially against the other provided they don’t remarry.

There is no time limit in respect of making a financial claim against an ex-spouse, even after the final order of the divorce (Decree Absolute) has been granted. Even once you have the final order of the divorce – the Decree Absolute – it is still open for either of you to make a financial claim, no matter how many years may have passed since your divorce. It should be noted, however, that the court will look at the length of time that has elapsed when considering a claim.

It is essential that clients sort out their financial affairs during their divorce to avoid future claims and unpleasant surprises.

If you need any advice for divorce or financial issues then we offer a FREE initial meeting, call us on 01246 555610 to book in today!

By Emma Newman on 25 Apr 2018

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Divorce Hour

January is the busiest month for couples filing for divorce, but what is the peak time for divorce?

A recent study showed that the busiest time for divorce enquiries online was between 12:30am and 1am. 45% of overnight enquiries came in between 10pm and midnight, and 24% were between 3am and 6am.

Tracey Moloney, Head of Family Law at Co-op Legal Services, said: "We are seeing more enquiries late at night - I don't know if it's because they just want to make some enquiries without their partner knowing or if it's because they are anxious and can't sleep.”

Harry Benson, of the Marriage Foundation, said: "Having a smartphone by the bed undoubtedly allows us to execute decisions at unusual hours, for better or worse."

Are you thinking about filing for divorce or have any enquiries? Why not pop into our office for a free consultation, call today on 01246 555610.

By Administrator on 14 Feb 2018

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The difference between unmarried and married couples

Many people are unaware that there are a lot of differences between being married and cohabiting. Here are some of the examples of how married and unmarried couples differ when separating:

 

  • If an unmarried couple have not taken the necessary steps to protect their financial positions when purchasing property then one could find themselves excluded from any share of the family home.
  • Unmarried couples who separate do not have a right to have a share in their partner’s income despite the fact that they may not be working or have any ability to work.
  • If a cohabiting partner dies without making a will, their partner will not be entitled to any part of their estate.

 

If you are cohabiting and want to take the necessary steps to protect your future position then call us on 01246 555610 to talk to one of our solicitors and book in for a free consultation.

By Emma Newman on 22 Dec 2017

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Common Law Marriage

A recent survey carried out by Resolution showed that two-thirds of cohabiting couples in England and Wales had no idea that there is no such thing as a ‘common law marriage’. Also, 75% believed that there should be greater legal protection for unmarried couples upon separation.

The number of cohabiting, unmarried couples living together has more than doubled in the last 21 years. There were 1.5 million in 1996 and there are now 3.3 million. Four in five cohabitants agreed that the legal rights when they separate are unclear and 84% believe that the government should ensure unmarried couples are aware that they do not have the same legal protection as married couples.

If you’re cohabiting and want to take the necessary steps to protect your future position then call us on 01246 555610 to talk to one of our solicitors and book in for a free consultation.

By Emma Newman on 22 Dec 2017

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Parental Alienation

CAFCASS (Children and Family Court Advisory and Support Service) are currently trialling a “ground-breaking” process that will prevent parental alienation which means divorcing parents could be denied contact with their child if they attempt to turn them against their previous partner.

CAFCASS have recently realised that parental alienation occurred in a significant number of the 125,000 cases they dealt with yearly and is estimated to be present in 11% - 15% of divorces involving children. This is increasing.

As of spring 2018, caseworkers of CAFCASS will be given new procedures which will make clear exactly when children should be removed from the alienating parent and placed with the target parent. When caught alienating, the contact between the parent and child could be restricted or refused for a number of months and in most extreme cases, the parent could be permanently banned from any contact with their child.

Sarah Parsons, the Assistant Director of CAFCASS, has advised that their “priority is to preserve the relationship with both parents”.

Is your partner attempting to alienate you out of your child’s life? For help with any problems regarding your child or former partner, please call us on 01246 555610 for our friendly, helpful advice.

By Administrator on 30 Nov 2017

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